Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part II

Chargé Jay to the Secretary of State.

[Extract.]

American Legation,
Constantinople, April 25, 1906.

No. 1370.]

Sir: In accordance with the department’s instruction No. 1046, of March 15, 1906, I have the honor to inclose a translation from the Turkish text of the special law of 1883 governing the holding of real estate in Turkey by subjects of Ottoman birth who have changed their nationality, and a translation, with explanations, of certain articles of the general Ottoman land code of 1858 which are referred to in the special law.

I am indebted to Mr. A. K. Schmavonian, the very able and Obliging legal adviser employed by the legation in straightening out the transfer of property of American institutions, for this information and these translations.

I have, etc.,

Peter Augustus Jay.

[Inclosure 1.]

Translation of the law of the 25th of Rabi-ul-Akhir, 1300 (March 5, 1883), in regard to tenure of landed property by former Ottoman subjects.

• Article I. Persons who, while originally Ottoman subjects, have changed their nationality before the promulgation of the law of Ottoman nationality and whose foreign nationality has, in conformity with treaties, been recognized and confirmed by the Imperial Ottoman Government; also those who, after the promulgation of the said law, have, in conformity with its provisions, changed their nationality, take advantage of all the rights established under special conditions, by the law of the 7th of gaffer, 1284, concerning the acquisition of landed property by foreigners. On condition, however, that the governments whose nationality they have acquired should have signed the protocol attached to the above-mentioned law of acquisition of landed property.
• Art. II. Persons who, without obtaining official authorization from the Imperial Government, have changed their nationality and whose (Ottoman) nationality has been canceled by the Imperial Government, are deprived of the right of owning landed property in Turkey, and of obtaining it by inheritance.
• Art. III. The mulk properties of persons who may, according to the foregoing article, be deprived of the right of ownership and inheritance, are divided among their heirs who are Ottoman subjects like personal property. But according to the provisions of articles 110 and 111 of the land code such persons have no longer any right of tapu (possession) in miri or mevcoufé lands; and miri or mevcoufé lands which they may have possessed before they changed their nationality, without going to their heirs, become escheated. Exactly this same course is followed in the case of idjareteinli vacf property.
• Art. IV. The departments of justice and finances are charged with the execution of this law.

[Inclosure 2.]

The Ottoman land code was promulgated on the 7th of Ramazan, 1274 (April 21, 1858), and the following is a translation of article 110 (amended):

“The land of an Ottoman subject does not pass by inheritance to his heirs who are foreign subjects; and a foreign subject can not have the right to tapu (possession) in the land of an Ottoman subject.”

Article III reads as follows:

“The land of a person who has abandoned Ottoman nationality does not pass by inheritance to his children, father, or mother who are Ottoman or foreign subjects. It became escheated forthwith, and without seeking persons entitled to the right to tapu it is put up to auction and given to the intending purchaser (highest bidder).”

This article has been modified several times in order to make it conform with article 55 of the land code, article 1 of the law allowing acquisition of landed property in Turkey by foreigners (7th Saffer, 1284), and articles 5 and 6 of the law of Ottoman nationality, of which articles the following is a translation:

Article I of the law allowing acquisition of landed property by foreigners.

“Subjects of foreign governments are allowed to take advantage of the rights to possess property within or without towns in every part of the imperial dominions, with the exception of the Hedjaz lands, in the same way as Ottoman subjects and without being under any other conditions in the manner stated below on complying with the laws that govern them in this matter. Those who were originally Ottoman subjects and afterwards changed their nationality are excepted from this rule. The provision of a special law will be in force concerning them.”

Articles 5 and 6 of the law of nationality (Shavval 6, 1285—January 19, 1869):

• Art. V. Ottoman subjects who, being authorized, enter into a foreign nationality are, from the date when they changed their nationality, considered as foreign subjects and treated as such.”
• “Art. VI. If the Ottoman Empire should so wish, it can reject from its subjection the person who, without authorization from the Imperial Ottoman Government, changes his nationality in a foreign country, or enters into the military service of a foreign government.”

The text of Article III of the land code in its amended form is as follows:

“The land of the person who, without obtaining official authorization, abandons his Ottoman nationality, does not pass by inheritance to his children, grandchildren, father, mother, brothers, sisters, husband, or wife who are Ottoman or foreign subjects. It becomes forthwith escheated, and without seeking for persons entitled to the right to tapu it is put up to auction and given to the intending purchaser (highest bidder). In case, however, such person has changed his nationality by obtaining official permission, his land is not escheated but remains vested in him. This, however, on condition that the government whose nationality he has acquired should have signed the protocol attached to the law allowing the acquisition by foreign subjects of landed property.”